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surinder singh HELP!!

Posted: Sun Mar 21, 2010 5:35 pm
by sophierose
Hi there,

Hope someone can help. I was advised by an immigration officer that my NON EU Spouse and I could benefit from using the S Singh option.
I am English my husband is Samoan.
We are currently living in Dublin, Ireland.
We have been here since Jan 2010. I am aware that the condition of using the SSingh option is that I as an EU citizen will have to show that I have exercised my Treaty rights in another Member State (Ireland).
I have been told that this must be for a period of at least 6 months, before we can then apply for the EEA Family Permit to travel to England.
I have also read that discretion may be exercised if I can show that I have genuinely worked abroad but have a good cause to return to the UK after a shorter period than 6 months..
Since being in Dublin, I have fallen pregnant and would really like to have my baby in my England, which would mean needing to go to the UK before having exercised my Treaty Rights for 6 months...
Can anyone shed any light on this aspect of things??
Any help would be much appreciated,
Cheers,
sophierose.

Posted: Sun Mar 21, 2010 6:39 pm
by TracyCK
The UK have stated themselves that they would like to see 6 months. However, within EU law, there is no minimum period at all to be considered as exercising those rights and can be as little as a couple of weeks on a short term work contract.

The UK may balk, and probably will (if my own recent experience is anything to go by) but so long as you can show that your case is genuine, you will prevail in the end.

Good luck, keep us posted - I will help where I can - I have researched this and other related Directive routes extensively.

thankyou!!

Posted: Sun Mar 21, 2010 8:30 pm
by sophierose
Hi!!

That's refreshing to hear!! Do you know where I can read about the EU time provisions??

Cheers, Sophie.

Me again!!

Posted: Sun Mar 21, 2010 8:36 pm
by sophierose
Hi there,

The other thing that is concerning me, is that I had a job when we arrived and was made redundant after less than 2 weeks. I have now been job seeking for 6 weeks. I am aware that the term 'worker' covers job seekers ,but am concerned that as I have technically only worked for a very short time, they just may laugh at our application..
I am hoping to take up employment as soon as possible, as we will not be looking to leave Ireland for another couple of months.
Do you think my lack of actual employment will be an issue??

I'm scared!!!

Sophierose.